Time limit for application to request a claim is struck out

by Kestrel Sat Feb 02, 2019 9:32 am

Does anyone know the time limit of the last date an application for a claim to be struck out once a hearing date is given, court papers do not appear to indicate such.

Thanks.

by sam Sat Feb 02, 2019 11:56 am

HI KESTREL

you must do this before the for entering your defence , 28 days of being served, if i read you right ,

by waylander62 Sun Feb 03, 2019 12:24 am

Kestrel wrote:Does anyone know the time limit of the last date an application for a claim to be struck out once a hearing date is given, court papers do not appear to indicate such.

Thanks.

i would assume if a hearing date has been set then this has already been acknowledged and defended.

I am not aware of a time limit to apply for the claim to be struck out i think you can do this at any time, but you would have to give a good reason for it to be struck out in your witness statement to support the application and prove that the Claimant has no prospect of success.

not 100% sure on this though ?

by **assassin** Sun Feb 03, 2019 1:46 am

There is no defined limit but it is unspecifically defined as "a reasonable amount of time" and experience shows that standard business time limits are used, generally it is 20 or 30 days and one weeks additional grace to allow for postage as many only use second class post which can take up to seven days to arrive.

I used 40 days before applying for a claim to be struck out for the following reasons:

Standard business protocols are 28 or 30 days.
Royal Mail claim a second class letter can take up tp 7 days to arrive.
I have given then 37 days, plus an additional 3 days over this.

Its all about appearing to be reasonable, 40 days is more than sufficient time to apply to the court for an extension and if they have failed to do this it is their fault and not yours. Why dont they apply to the court for extensions? because it is more psychological pressure on you; and, if they apply to the court for an extension the court will set a time limit on them and give them a firm and unambiguous date to reply by.

by sam Sun Feb 03, 2019 11:08 am

Hi Kestrel

waylander is correct the judge will need to see a good valid reason and a good change of the claim to be struck out , and you will have to make at least 3 copies one for the court one for their solicitor , and keep one for your self , but i would put one more extra in , so send 3 copies to your court or they will send back to you,
Do not guess , i believe its 28 days , but phone or go to your local small court and ask , they will not tell you any legal stuff buy may tell you the time limit , remember you may have your court date now , they will not extend the court date just because you applied for a claim to be struck out , some times they will have the claim to be stuck out and the court date at the same time , so be aware of this if applying to late

by Kestrel Sun Feb 03, 2019 4:44 pm

Without divulging too much the request for further information as per CPR18 were delayed due to justified & genuine circumstances of which can be proved to the court.

It is highly likely some of that information cannot be provided by the claimant hence request to strike the claim out but as instructions from the court & the hearing date have arrived this bringing question into this.

Hence the post.

I would assume from replies that at least an option on hearing date would be a request their claim be struck out due to failing to abide by the request.

by waylander62 Sun Feb 03, 2019 4:59 pm

under the circumstances you have explained

waiting until the final hearing might not be the best idea as it is unlikely the Judge will strike out the claim because they havent replied to your request, as whoever has sent this to a final hearing 'should' already be aware of this.

you need to submit a witness statement with good arguments and you could also request that their be a preliminary issue that the court consider ( this could be your issue of non response to your request)

also go through their witness statement very carefully and look where you can pull it apart.

not sure what else you can do at this stage.

by Kestrel Sun Feb 03, 2019 6:04 pm

Thanks Waylander.

When you state a 'prelimary issue' do you mean in a the witness statement for the hearing or that of an application to strike out, the 14 days the claimant have to reply to cpr18 would still be enough time albeit minimal to get in before hearing date but very close should there be no time limits although the circumstances may allow an exception.

The circumstances bringing the above situation could not be avoided & am confident the court would accept the circumstances.

by waylander62 Sun Feb 03, 2019 10:10 pm

if you think an application to strike out is worth trying ( giving good reason in a witness statement to back up up the application ) then by all means submit an application, but it will cost you initially.

If you do go this route i would add in the application that if the court does not deem fit to strike out the claim then the issue you have raised be heard as a preliminary issue before the hearing, also request costs for your application ( quoting if the Claimant had complied with the CPR request then the necessity of this application would not have arisen) I would also include the quote "to save the courts valuable time"

Otherwise request your issue be heard as a preliminary issue in your actual witness statement.

Only you can be sure of how sound your reasons for strike out are.

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